Arson - Danger To Life

Question 1

Arson Danger to Life

Answer 1

S267(1)(a) ARSON - DANGER TO LIFE

• Everyone
• Intentionally OR Recklessly
• Damages by fire OR Damages by means of explosive
• ANY property
• If they know OR ought to know that danger is likely to ensue (life other than defendant)

Question 2

Intentionally

Answer 2

INTENT to commit the act (done deliberately) and intention to produce a specific result (aim/object).
Offender actions/words, surrounding circumstances, nature or act - R V COLLISTER

Question 3

Secondary Intent

Answer 3

A person may have intended a secondary outcome er bomb plane to get insurance, secondary intent is to kill

Question 4

R V Cameron

Answer 4

CAMERON V R
Recklessness is established if: defendant recognised that there was a real possibility that - actions would bring about the proscribed result; the proscribed circumstances existed and having regard to that risk those actions were unreasonable.

Question 5

Proving Recklessness

Answer 5

RECKLESSNESS

• Defendant consciously and deliberately ran a risk (a subjective test)
• The risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test – based on whether a reasonable person would have taken the risk).

Question 6

Fire

Answer 6

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat

Question 7

Damages by fire

Answer 7

DAMAGES BY FIRE
Prosecution must prove property has been damaged by fire/explosive as a result of defendants actions.

Often involve burning/charring. But does not need to be set alight - melting, blistering, significant heat/smoke damage.

Question 8

Explosive

Answer 8

EXPLOSIVE - S2 Arms Act 1983 - any substance/mixture or combination of substances which in its normal state is capable of decomposition at such a rapid rate as to result in an explosion/pyrotechnic - includes gunpowder, gelignite, rockets (not firearms/fireworks)

Question 9

R V Archer

Answer 9

Property may be damaged if it suffers permanent/temp physical harm or permanent/temp impairment of its use/value

Question 10

Property

Answer 10

PROPERTY - Includes any real and personal property and any estate or interest in any real/personal property, money, electricity and any debt, other right or interest.
Only tangible can be damaged by fire but note irretrievable info on damaged computers.

Question 11

Know or Ought to Know

Answer 11

KNOW/OUGHT TO
Subjective - Did the defendant know that human life was likely to be endangered by his actions?
Objective - If insufficient evidence that they were conscious of the risk - what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk?